STATE OF UTTAR PRADESH Vs. SURENDRA SINGH TIWARI

JUDGEMENT

(1.) This Government Appeal is filed against the judgment and order dated 22-5-1990 of Sri R. S. Pandey, Additional Sessions Judge, Karvi, district Banda whereby the accused respondents 1 to 10 have been acquitted of the offences punishable under Sections 147, 148, 302, 323 and 149, I. P. C.

(2.) According to the prosecution case, an incident occurred at about 8.00 a.m. on 4-7-1986 in the field of the complainant, Anurudh Kumar wherein Juguntha was 'shot dead and Anurudh Rastogi, his brother, Arun Kumar Rastogi, Hari Mohan (Halwaha) and Jagdish Prasad, father of Anurudh Kumar sustained blunt object injuries. Surendra Singh, respondent No. 1 is said to be armed with a 'Pharsa', respondent Dinesh Singh with a double barrel gun, Manrakhan Singh with a single barrel gun and the rest of the accused respondents with lathi. It is alleged that all those 10 persons forming an unlawful assembly came at the field of Smt. Prema Devi Rastogi, mother of Anurudh Kumar, where Anurudh alongwith his brother Arun Kumar Rastogi, father Jagdish Prasad and 7 ploughmen were present and were ploughing the field since 6 a.m. Accused Surendra Singh asked Jagdish Prasad to stop ploughing the land as he was in possession since long but when the complainant party did not desist, the accused persons started assulting the complainant party with their respective weapons. Dinesh Singh is said to have fired upon Juguntha (Halwaha) causing him one fire arm injury on his chest which resulted in his instantaneous death.

(3.) Leaving dead body of Juguntha, injured Arun Kumar and Hari Mohan on the spot, Anurudh Kumar carried his injured father Jagdish Prasad to police station Mau and there he lodged written report, Ex. Ka. 1 on the same day at 11.00 a.m.